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The Child Support (Maintenance Calculations and Special Cases) Regulations 2000

Type Statutory-Instrument
Publication 2001-01-18
Last updated 2026-02-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Reform history JSON API

Regulation 2 contains general provisions regarding the calculation of child support maintenance under the Act. The Schedule to these Regulations prescribes the amounts to be taken into account to calculate net weekly income for the purposes of Schedule 1 to the Act.

Regulation 3 prescribes the method of calculating the reduced rate of child support maintenance and regulation 4 prescribes the benefits, pensions and allowances for the purposes of paragraph 4(1) of Schedule 1 to the Act (flat rate cases).

Regulation 5 prescribes the circumstances for which the rate payable is nil.

Regulation 6 provides a general rule for adjusting the child support maintenance payable following apportionment and regulation 7 prescribes the circumstances in which a night will count for the purposes of paragraphs 7 and 8 of Part I of Schedule 1 to the Act (shared care).

Regulations 8 to 14 prescribe the circumstances in which cases are to be treated as special cases for the purposes of the Act. These include cases where persons are treated as non-resident parents; where care of a qualifying child or a relevant other child is provided in part by a local authority; where the non-resident parent is liable to pay maintenance under a maintenance order; where a child is a boarder or an in-patient in hospital; where a child is allowed to live with his parent under section 23(5) of the Children Act 1989 and where a person with part-time care of the child is not a non-resident parent.

Regulation 15 revokes the Child Support (Maintenance Assessments and Special Cases) Regulations 1992, with savings for transitional purposes.

The impact on business of these Regulations was covered in the Regulatory Impact Assessment (RIA) for the Child Support, Pensions, and Social Security Act 2000, in accordance with which, and in consequence of which, these Regulations are made. A copy of that RIA has been placed in the libraries of both Houses of Parliament and can be obtained from the Department of Social Security, Regulatory Impact Unit, Adelphi, 1–11 John Adam Street, London WC2N 6HT.

Footnotes

1

1991 c. 48. Section 52 is amended by section 25 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

2

Sections 14(1) and (1A), 51 and 54 are amended and Part I of Schedule 1 is substituted respectively by sections 12 of and paragraphs 11(7), 11(9) and 11(20) of Schedule 3 to and section 1 of the Child Support, Pensions and Social Security Act 2000. Section 54 is cited because of the meaning ascribed to the word “prescribed”.

5

Regulation 7C was inserted by S.I. 2000/119.

6

S.I. 1999/991. The Regulations were amended by S.I. 1999/1446, 1623, 1662, 1670, 2570, 2677, 3178, 2000/119, 127, 897, 1596 and 1982.

7

Section 44(2A) is inserted by section 22 of the Child Support, Pensions and Social Security Act 2000.

8

S.I. 1987/1967; the relevant amending instruments are S.I. 1988/663, 1228, 1445, 2022, 1989/534, 1034, 1678, 1990/547, 1168, 1776; 1991/236, 387, 503, 1559.

13

1982 c. 48. The Act is amended by the Criminal Justice Act 1988 (c. 33).

15

1975/555; relevant amending instruments are S.I. 1977/1693, 1987/1683 and 1999/1326.

19

Section 44 was amended by paragraph 32 of Schedule 8 to the Pension Schemes Act 1993 (c. 48), sections 1–3, 5, 6, 8–10 of and Schedule 1 to, the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 127–134 of, and Schedules 1 and 2 to, the Pensions Act 1995 (c. 26) and by sections 30(2) and 35(5)–(7) of the Child Support, Pensions and Social Security Act 2000. Section 44(4) was substituted by section 68 of the Social Security Act 1998 (c. 47).

20

Section 48C was inserted by paragraph 7 of Schedule 8 to the Welfare Reform and Pensions Act 1999.

21

Section 78 was amended by section 127–134 of, and Schedules 4 and 5 to, the Pensions Act 1995.

22

Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994.

23

Section 35 was amended by section 67 of the Social Security Act 1988, section 2 of the Still-Birth Definition Act 1992 (c. 29) and by section 53 of the Welfare Reform and Pensions Act 1999. Sections 35(1) and (1A) were substituted by section 53 of the Welfare Reform and Pensions Act 1999.

24

Section 68 is prospectively repealed with savings by section 65 of, and Part IV of Schedule 13 to, the Welfare Reform and Pensions Act 1999.

25

Section 150(2) was amended by section 132 of, and paragraph 13 of Schedule 4 to, the Pensions Act 1995.

26

S.I. 1975/555. Regulation 4(d) has been amended by regulation 2(3)(b) of S.I. 1987/1683 and regulation 6 has been amended by section 18(1) of the Social Security Act 1986 (c. 50), regulation 3 of S.I. 1977/1963, regulation 2 of S.I. 1987/31 and regulation 2 of S.I. 1987/1683.

32

S.I. 1979/591. Part I of Schedule 3 was substituted by regulation 6 of S.I. 1980/1975 and paragraph 9 was substituted by regulation 4 of S.I. 1994/1553.

33

1970 c. 9. Section 9A was inserted by sections 180 and 199(1) and (2) of the Finance Act 1994 (c. 9) and amended by section 133 and Schedule 19, paragraph 2 of the Finance Act 1996 (c. 8).

34

Section 14A is inserted by section 13 of the Child Support, Pensions and Social Security Act 2000 (c. 19).

Editorial notes

35

Reg. 1 in force at 31.1.2001, see reg. 1(5)

36

Reg. 4(1)(2) in force at 31.1.2001, see reg. 1(5)

37

Reg. 12 in force at 18.1.2001 in accordance with, see reg. 1(4)

38

Reg. 13 in force at 18.1.2001 in accordance with, see reg. 1(4)

39

Reg. 11 in force at 18.1.2001 in accordance with, see reg. 1(4)

40

Reg. 7 in force at 18.1.2001 in accordance with, see reg. 1(4)

41

Reg. 15 in force at 18.1.2001 in accordance with, see reg. 1(4)

42

Reg. 5 in force at 18.1.2001 in accordance with, see reg. 1(4)

43

Reg. 8 in force at 18.1.2001 in accordance with, see reg. 1(4)

44

Sch. para. 5 in force at 18.1.2001 in accordance with, see reg. 1(4)

45

Sch. para. 4 in force at 18.1.2001 in accordance with, see reg. 1(4)

46

Sch. para. 6 in force at 18.1.2001 in accordance with, see reg. 1(4)

47

Sch. para. 7 in force at 18.1.2001 in accordance with, see reg. 1(4)

48

Sch. para. 9 in force at 18.1.2001 in accordance with, see reg. 1(4)

49

Sch. para. 11 in force at 18.1.2001 in accordance with, see reg. 1(4)

50

Reg. 2 in force at 18.1.2001 in accordance with, see reg. 1(4)

51

Reg. 3 in force at 18.1.2001 in accordance with, see reg. 1(4)

52

Reg. 6 in force at 18.1.2001 in accordance with, see reg. 1(4)

53

Reg. 9 in force at 18.1.2001 in accordance with, see reg. 1(4)

54

Reg. 10 in force at 18.1.2001 in accordance with, see reg. 1(4)

55

Reg. 14 in force at 18.1.2001 in accordance with, see reg. 1(4)

56

Sch. para. 1 in force at 18.1.2001 in accordance with, see reg. 1(4)

57

Sch. para. 2 in force at 18.1.2001 in accordance with, see reg. 1(4)

58

Sch. para. 3 in force at 18.1.2001 in accordance with, see reg. 1(4)

59

Sch. para. 8 in force at 18.1.2001 in accordance with, see reg. 1(4)

60

Sch. para. 10 in force at 18.1.2001 in accordance with, see reg. 1(4)

61

Sch. para. 12 in force at 18.1.2001 in accordance with, see reg. 1(4)

62

Sch. para. 14 in force at 18.1.2001 in accordance with, see reg. 1(4)

63

Sch. para. 15 in force at 18.1.2001 in accordance with, see reg. 1(4)

64

Sch. para. 16 in force at 18.1.2001 in accordance with, see reg. 1(4)

65

Reg. 4(3) in force at 18.1.2001 in accordance with, see reg. 1(4)

137

Regulations revoked for certain cases only (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012 (S.I. 2012/2785), regs. 1(4), 10(e)

147

Words in reg. 8(3) renumbered as reg. 8(3)(a) (30.9.2013) by The Child Support (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/1517), regs. 1(2), 6(3)

158

Word in reg. 4(1)(g) omitted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by virtue of The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 19(a)

159

Reg. 4(1)(i) and word inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 19(b)

working tax credit

Child tax credit

13A

Payments made by way of child tax credit to a non-resident parent or his partner at the rate payable at the effective date.

PART VI — BENEFITS, PENSIONS AND ALLOWANCES

17

  • (1) Subject to paragraph (2), the net weekly income of a non-resident parent shall include payments made by way of benefits, pensions and allowances prescribed in regulation 4 for the purposes of paragraph 4(1)(b) and (c) of Schedule 1 to the Act, to a non-resident parent or his partner at the rate payable at the effective date.
  • (2) Paragraph (1) applies only for the purpose of establishing whether the non-resident parent is a person to whom paragraph 5(b) of Schedule 1 to the Act applies.

Estimate of net weekly income of employed earner where insufficient information available

6A

  • (1) Where the Secretary of State is calculating net weekly income of an employed earner under Part II of the Schedule and the information available in relation to that income is insufficient or unreliable, the Secretary of State may estimate that income and, in doing so, may make any assumptions as to any fact.
  • (2) Where the Secretary of State is satisfied that the non-resident parent is engaged in a particular occupation as an employee, the assumptions referred to in sub-paragraph (1) may include an assumption that the non-resident parent has the average net weekly income of a person engaged in that occupation in the United Kingdom or any part of the United Kingdom.

Estimate of net weekly income of self-employed earner where insufficient information available

9A

  • (1) Where the Secretary of State is calculating net weekly income of a self-employed earner under Part III of the Schedule and the information available in relation to that income is insufficient or unreliable, the Secretary of State may estimate that income and, in doing so, may make any assumptions as to any fact.
  • (2) Where the Secretary of State is satisfied that the non-resident parent is engaged in a particular occupation as a self-employed earner, the assumptions referred to in sub-paragraph (1) may include an assumption that the non-resident parent has the average net weekly income of a person engaged in that occupation in the United Kingdom or any part of the United Kingdom.

Income from board or lodging

Child in care who is allowed to live with their parent

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